Homebuilder's non-jury trial scheduled Thursday before Crowder

Amelia Flood Nov. 30, 2009, 5:30am

A suit over a homebuilder's alleged misrepresentation and faulty workmanship is set for a non-jury trial Dec. 3 before Madison County Circuit Judge Barbara Crowder.

Plaintiffs Roger and Mary McKnight allege that the home they purchased in the Kingsbrooke subdivision in Glen Carbon was built on land that was in-filled and thus unsuited to residential construction.

They are suing the developer, Kingsbrooke Development Inc. and the home's builder, Art Wilson.

The McKnights are suing for damages in excess of $50,000 per count under claims of breach of warranty, breach of habitability and violations of the Illinois Consumer Fraud and Deceptive Business Practices Act.

They claim that they have been forced to repair a cracking and shifting foundation.

The trial is scheduled to begin at 9 a.m.

Kingsbrooke argues that the plaintiffs lack standing to bring their case. It contends that it sold the land to Wilson who then built the home. He then sold it to another couple. They sold it to the McKnights.

Because Kingsbrooke never represented that the land was suitable for a residential build and because it never interacted with the McKnights, it argues it should not be liable for the home's alleged defects.

Kingsbrooke filed a motion for summary judgment on those points Nov. 19.

It also pointed to a default judgment entered against Wilson in December 2008.

The McKnights are represented by Stephen Wohlford of Edwardsville.

Kingsbrooke is represented by Mark Goldenberg and Holly Reese of Edwardsville.

The case is Madison case number 08-L-169.

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